The New India Assurance Company ... vs Sri Yedla Suban Reddy And Another
2021 Latest Caselaw 3439 Tel

     THE HONOURABLE SMT. JUSTICE P. MADHAVI DEVI


      CIVIL MISCELLANEOUS APPEAL NO.255 OF 2008


                          JUDGMENT

This Civil Miscellaneous Appeal is filed by the New India

Assurance Company Limited, which is Opposite Party No.2 in

W.C.No.60 of 2005 on the file of the Commissioner for Workmen's

Compensation and Assistant Commissioner of Labour,

Mahabubnagar, challenging the award dt.08.02.2008 passed therein.

2. The brief facts are that the 1st respondent herein was working as

a driver of the Auto bearing No.AP22V 0684 belonging to Opposite

Party No.1 and the vehicle was insured vide Insurance Policy Cover

Note No.479553 valid between 18.12.2004 and 17.12.2005. On

05.06.2005, the applicant before the Commissioner was driving the

auto from Gangapur Village towards Jadcherla with passengers and

some cattle were proceeding on the road ahead of the auto, due to

which the applicant steered his auto on the left side and lost control

over the vehicle and thus the accident occurred. In the accident, the

applicant sustained fractures and grievous injuries all over his body.

3. The applicant filed an application before the Commissioner for

Workmen's Compensation and Assistant Commissioner of Labour,

Mahabubnagar for a lump sum compensation of Rs.4,00,000/- from

Opposite Parties No.1 and 2. The applicant stated that he was paid

wages at the rate of Rs.3,000/- per month and was aged about 25 years

at the time of the accident.

4. The Commissioner has considered that the vehicle belonged to

Opposite Party No.1 and that the applicant was working as a driver of

Opposite Party No.1. He has also observed that the disability of the

applicant was certified by the Medical Board at 60% as his right leg

was amputated below the knee. In view of the same, the

Commissioner has taken the wages in accordance with

G.O.Ms.No.30, Labour, Employment, Training and Factors (Lab-II)

dt.27.07.2000 at Rs.3,154/- per month and awarded 60% as disability

compensation, against which the insurance company is in appeal

before this Court.

5. This Court finds that the appellant has raised grounds only

against the loss of earning capacity being treated as 100% as against

the disability of 50% assessed by the Medical Board. This Court finds

that the applicant had lost his right leg below the knee and though the

disability may be 50%, he cannot work as a driver thereafter and

therefore, the loss of earning capacity is 100%. Hence, this Court

finds no reason to interfere with the award of the Commissioner.

6. The Civil Miscellaneous Appeal is accordingly dismissed. No

order as to costs.

7. Pending miscellaneous petitions, if any, in this CMA shall also

stand dismissed.

___________________________ JUSTICE P. MADHAVI DEVI

Date: 12.11.2021 Svv